How to Deal with an Admin Per Se/ Implied Consent Affidavit When Charged With a DUI

Cindy Castillo FAQs

  • If you are served with an Admin Per Se/Implied Consent (APS/IC) Affidavit on the date of your arrest, discuss with your attorney whether you should request a MVD hearing.
  • If you were not served with an APS/IC Affidavit at the time of your arrest, you will need to monitor your mail and ensure that your address is updated with the Motor Vehicle Department (MVD), so that you can receive correspondence from the MVD, if a APS/IC Affidavit is inevitably filed with their department. If your blood results from the night of your DUI arrest/charge come back to your case management officer and they are above a .08, then it is likely that you will receive an APS/IC Affidavit, and you and your attorney will then need to decide whether to request a hearing at that time.
  • If your results are above a .08,  your case management officer will forward the results to the MVD’s Executive Hearing Office, which will trigger a notice of APS Suspension being sent to your address.
  • Should you receive a Notice of Suspension, contact your attorney’s office immediately, so that they may request a hearing on your behalf, if this is recommended.
  • It usually takes the MVD approximately one month to send out a hearing date notice, after a request for hearing is sent. Backlogs can make wait times longer, depending on the MVD’s case load at any given time.
  • The MVD hearing is usually held one month after the notice is sent to you or your attorney. As long as you have requested a timely hearing, during this two to three month span, your license is valid and you are allowed to drive, provided that your license was valid on the date of the underlying arrest in this case.
  • The yellow copy of the APS will serve as your temporary license until your hearing. Make sure to keep this in your vehicle at all times while driving.
  • Your attendance at the APS/IC hearing may or may not be required. Please discuss this with your attorney.
  • If you are stopped in this time and the officer informs you that you are driving on a suspended license, tell them that you have an attorney and that there was a hearing requested on your behalf.
  • If the officer issues you a citation for a suspended license, please provide your attorney with a copy of the ticket. (This is usually due to a glitch in the system).